Legislative Reform on Selected Issues of Anti-Gender Discrimination and Anti-Domestic Violence: the Impact on Children
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In Korea, the Special Act for the Punishment of Domestic Violence and the Prevention of Domestic Violence and Victim Protection Act were passed in 1997. The highlights of the law include: mandatory investigation by police; establishment of counseling centers or protective facilities; medical facilities to provide treatment for physical and mental injuries; and police are required to take emergency protection measures for victims by restraining a perpetrator from violent behavior or referring victims to domestic violence counseling centers, protective centers or hospitals.An important characteristic of the law is that anyone who becomes aware of domestic violence crimes may report them to investigating agencies. These persons can include teachers, doctors and social workers. Further, a new department has been established within the police department to deal with crimes against women. Despite these new developments in the law, the lack of gender sensitivity on the part of the judges continues to mire the translation of the law into practice.In Korea, as illustrated below, counseling centres are required to provide temporary protection to women and children who are victims of domestic violence and also required to coordinate legal aid services if necessary.Relevant Provisions on the Korean Law on the Prevention of Domestic Violence and Victim Protection Act Law No. 5487, December 31, 1997 Article 6 (Counseling Center Responsibilities and Services) The responsibilities of and services provided by a Counseling Center are as follows: (1) The Counseling Center shall receive reports on domestic violence and / or provide counseling in regards to domestic violence. (2) The Counseling Center shall provide temporary protection to the victims who, as a result of domestic violence, are not able to lead a normal family and social life and / or are in need of urgent protection; or it shall deliver the victims to medical institutions or protective facilities. (3) For the purpose of obtaining legal advice on such issues as the reporting of domestic violence to the police, the Counseling Center shall seek cooperation and support of the Korean Bar Association / Local Bar association and the Korea Legal Aid Corporation as necessary. (4) The Counseling Center shall provide temporary protection the victims delivered from related facilities such as the police station. (5) The Counseling Center shall conduct public education and awareness campaigns concerning the prevention and prohibition of domestic violence. (6) The Counseling Center shall conduct research and investigate actual occurrence and consequences of domestic
Addressing Marital Rape Marital rape goes to the very heart of family violence and is a violation of the right to life and security of the woman and the family. Marriage can never be a defense to violence and rape is an extreme form of violence. In countries where the legislature still does not recognize marital rape, court decisions have recognized marital rape as a crime. For example, the Supreme Court of Nepal recently declared that husbands who force their wives to have sex can now be charged with rape. The Court also directed the Nepali parliament to amend the present laws relating to rape so that they reflect the new ruling, including the right to self-defense against their husbands in the event of rape or attempted rape. The landmark ruling issued last May was a result of a July 2001 petition filed by the Forum for Women, Law and Development, a women's rights organization in Nepal that challenged the Country Code's Chapter on Rape as discriminatory. Protective Orders to Safeguard Women and Children Protective orders have proven to be some of the most important tools to protect women and children from domestic violence. Many new laws have developed different protective orders to safeguard women and children. These orders include among others, protection orders include the issuing of ex parte restraining orders. Ex parte temporary restraining orders can include a preliminary injunction against further violence and/or prevent the abuser/defendant from disturbing the victim/plaintiff's use of property, including the common home and orders to vacate. 171 The Hong Kong Law172 provides for an injunction for a child if the Court is satisfied that the applicant or a child living with the applicant has been molested by the other party to the marriage.
One of the most recent domestic violence laws to be passed was India’s 2005 Protection of Women From Domestic Violence Act. 173 This law defines domestic violence to cover harms or injuries or endangerment to the health, safety, life, limb or well-being, whether mental or physical abuse, sexual abuse, verbal and emotional abuse and economic abuse. 174 The fact that the law allots the victim with a share of the abuser’s property and salary, medical damages, and allows her to remain in the family household are concrete ways in which the interests of the victim and other family members including children in the family can be protected. Protection orders are another important part of this new law. For example, the law provides for a protection order prohibiting the respondent from committing any act of domestic violence175; aiding or abetting the commission of acts of domestic violence;176 entering the place of employment of the aggrieved person or any other place frequented by the aggrieved person177 ; attempting to communicate in any form whatsoever178; alienating any assets, operating bank lockers, or bank accounts used or held or enjoyed by both parties, jointly by the aggrieved person and the respondent or singly by the respondent any property held jointly or separately by them179. The protection order includes a residence order directing the respondent from removing himself from the shared household;180 restraining the respondent or any of his relatives from entering the shared household181 or restraining the respondent from alienating the shared household.182 India’s new domestic violence law does not clearly define who can file a claim on behalf of a child faced with domestic violence. According to a report done by the Lawyer Collective, which monitored the law one year after its promulgation in 2007, in cases where the mother was not considered the guardian of the child, she was not able to file an application on behalf of the child. Given that the law provides that the applicant must certify that she is the natural guardian of the child, a strict reading of the Indian Family Law would render the mother unable to file a claim on behalf of the child.183 This case illustrates very well how a children’s rights cannot be asserted in a framework of gender inequality. Directory: spanish spanish -> Unicef voices of Youth Chat Theme: Children and aids nigeria and Zimbabwe 13 October 2006 Background spanish -> Team Spirit The New York Mets By Mark Stewart Content Consultant spanish -> Mark Stewart Content Consultant spanish -> Spanish program faculty spanish -> Magic realism spanish -> Android is a software bundle for mobile devices that includes an spanish -> Español V el 19 de febrero 2013 spanish -> Luther burbank Download 0.73 Mb. Share with your friends:
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